000 01656cab a2200217 4500
001 ABS37710
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u6352
041 _aeng
245 _aPhipps-Faire Ltd v Malbern Construction Ltd
260 _c1987
350 _a0
490 _aEstates Gazette
_v282(6331) 25 April 1987, 460-464(3)
520 _aChD 3 February 1987.Concerned the rent review provisions in a lease. The lessees of two industrial units sought a declaration that rent payable under the lease should remain the same for the next five years as for the previous five, namely 11,000. According to the construction of the clause, the sum proposed by the lessees was to be the revised rent unless the lessor applied to the RICS president for determination of the rent by a valuer. Application to the RICS had to be made within three months after notice had been served on the lessor. The lessors did not apply to the RICS within the time limit, and the lessees sought a declaration that the rent should remain at 11,000. The lessors, in a counterclaim, contended that their application to the RICS president after time had expired was valid. The issue was whether time was of the essence for the time limit. The lessees submitted that there were "contra-indications" sufficient to displace the presumption established by United Scientif
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
650 _aCONSTRUCTION OF CLAUSE
650 _aTIME OF THE ESSENCE
690 _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942 _n0
948 _c04/03/1997
999 _c3824
_d3824